We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here). More than three years later, the PRC State Council has finally approved and promulgated the amended Patent Implementation Regulations (“Regulations
Patents
Navigating the Waters of Intellectual Property: A Closer Look at the FTC’s Patent Listing Policy
In the ever-evolving landscape of intellectual property and antitrust regulations, the Federal Trade Commission (FTC) issued a new Policy Statement on Patent Listing on September 14, 2023. This statement carries far-reaching implications for patent holders, competitors, and consumers alike. In…
NFTs and IP – Your opportunity to comment
On November 23, 2022, the US Patent and Trademark Office and the US Copyright Office issued a request for public comment on the subject of Non-Fungible Tokens (NFTs) and intellectual property rights. Comments are due by Monday, January 9, 2023.
Are we (virtually) there yet? Waiting for the rise of the metaverse from a brand owner’s perspective
We are now almost one year on from Mark Zuckerberg’s much talked-about October 2021 letter announcing, among other things, the change of the name of his company from Facebook to Meta, reflecting the company’s commitment to revolutionising social connection through…
Russia enables free use of Russian patents and other intellectual property of rights holders in countries committing “unfriendly acts”
On 7 March 2022 a decree of the Russian government took effect, announcing that compensation need not be paid for the unauthorised use of Russian patents, utility models and designs to rights holders connected with foreign countries committing “unfriendly acts”…
Design protection in China and abroad with a single filing
Design patents, sometimes referred to as industrial designs, protect the aesthetic appearance of a product. As with other registered IP rights, the protection offered is, generally speaking, territorial in scope. In other words, unless international or regional treaties are available,…
How does an offer for sale affect the patentee’s profitability – an economic analysis from the SPC
Under the PRC Patent Law, the offering for sale of an infringing product constitutes an act of infringement, regardless of whether the product is actually sold or not. However, there are divergent views as to what damages arise merely…
Jaguar Land Rover vs. Land Wind: A typical case of simultaneous enforcement of IP rights and unfair competition claim
As an old Chinese proverb goes, “what one loses on the swings, he gets back on the roundabouts.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of…
Federal Circuit upholds constitutionality of TTAB judges
This week the Federal Circuit rejected a constitutional challenge to the Secretary of Commerce’s appointment of administrative judges to the Trademark Trial and Appeal Board (“TTAB”) at the U.S. Patent and Trademark Office (“USPTO”). The decision comes on the heels…
Consultation Open for Australia’s Medical and Biotechnology Patent Box
On 5 July 2021, the Government released its Discussion Paper setting out the Government’s proposal and seeking views from key stakeholders. The paper will be open for submissions until 16 August 2021. Now is the opportunity for stakeholders to put…